Notes of Decisions
Baker v. State, 744 A.2d 864 (Vt. 1999).
· cites it 2× “§§ 105-108, 141-142; the presumption of joint ownership of property and the concomitant right of survivorship, under 27 V.S.A. § 2; hospital visitation and other rights incident to the medical treatment of a family member, under 18 V.”
Currie v. Jané, 2014 VT 106, 109 A.3d 876.
· cites it 3× “It concluded, though, that the evidence in this case was sufficient to rebut the presumption. It relied on' the testimony of defendant and the lawyer who managed the closing and who was employed by plaintiff at the time of the closing; the post-closing indemnification agreement…”
Barrup v. Barrup, 2014 VT 116, 111 A.3d 414.
· cites it 4× “Noting that most courts presume that such joint accounts are held in equal shares, and that by statute Vermont law presumes that jointly held real property is held in equal shares, 27 V.S.A. § 2(b)(2)(A), the trial court presumed that husband and his mother held equal shares in…”
Karen Wynkoop v. Gerard Stratthaus, 2016 VT 5, 136 A.3d 1180.
“The language of that section is now contained in 27 V.S.A. § 2(a). As this language suggests, the phrase “lands, tenements and hereditaments” is not restricted merely to freehold estates.”
DeLeonardis v. Page, 2010 VT 52, 998 A.2d 1072.
“See 27 V.S.A. § 2(a) (“Conveyances . . . made to two or more persons!] shall be construed to create estates in common and not in joint tenancy, unless it is expressed therein that the grantees or devisees shall take the lands jointly or as joint tenants or in joint tenancy or to…”
Kipp v. Chips Est., 732 A.2d 127 (Vt. 1999).
“” 27 V.S.A. § 2. Although the statute does allow a deed to create a joint tenancy by explicit language, the legislative policy requires that we resolve ambiguity in favor of a tenancy in common rather than a joint tenancy.”
Massey v. Hrostek, 2009 VT 70, 980 A.2d 768.
“Under our law, the answer is clear: 27 V.S.A. § 2(b) establishes a statutory presumption that joint tenants will share equally.”
In re Est. of Neil, 565 A.2d 1309 (Vt. 1989).
· cites it 2× “By virtue of his deed, petitioner's interest in the land was that of a tenant in common with his mother under 27 V.S.A. § 2, which governs the construction of such deeds.”
Whippie v. O'Connor, 2011 VT 97, 30 A.3d 1292.
“Our law on joint tenancies, 27 V.S.A. § 2(b)(2)(A), establishes a statutory presumption that joint tenants will share equally.”
Vt. Stat. Ann. tit. 27, § 2(a): 2 cases
Karen Wynkoop v. Gerard Stratthaus, 2016 VT 5, 136 A.3d 1180.
“The language of that section is now contained in 27 V.S.A. § 2(a). As this language suggests, the phrase “lands, tenements and hereditaments” is not restricted merely to freehold estates.”
DeLeonardis v. Page, 2010 VT 52, 998 A.2d 1072.
“See 27 V.S.A. § 2(a) (“Conveyances . . . made to two or more persons!] shall be construed to create estates in common and not in joint tenancy, unless it is expressed therein that the grantees or devisees shall take the lands jointly or as joint tenants or in joint tenancy or to…”
Vt. Stat. Ann. tit. 27, § 2(b): 2 cases
Massey v. Hrostek, 2009 VT 70, 980 A.2d 768.
“Under our law, the answer is clear: 27 V.S.A. § 2(b) establishes a statutory presumption that joint tenants will share equally.”
Vt. Stat. Ann. tit. 27, § 2(b)(2)(A): 3 cases
Currie v. Jané, 2014 VT 106, 109 A.3d 876.
“It concluded, though, that the evidence in this case was sufficient to rebut the presumption. It relied on' the testimony of defendant and the lawyer who managed the closing and who was employed by plaintiff at the time of the closing; the post-closing indemnification agreement…”
Barrup v. Barrup, 2014 VT 116, 111 A.3d 414.
“Noting that most courts presume that such joint accounts are held in equal shares, and that by statute Vermont law presumes that jointly held real property is held in equal shares, 27 V.S.A. § 2(b)(2)(A), the trial court presumed that husband and his mother held equal shares in…”
Whippie v. O'Connor, 2011 VT 97, 30 A.3d 1292.
“Our law on joint tenancies, 27 V.S.A. § 2(b)(2)(A), establishes a statutory presumption that joint tenants will share equally.”
Vt. Stat. Ann. tit. 27, § 2(b)(2)(B): 1 case
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